BILL NUMBER: AB 2429	CHAPTERED  09/26/00

	CHAPTER   640
	FILED WITH SECRETARY OF STATE   SEPTEMBER 26, 2000
	APPROVED BY GOVERNOR   SEPTEMBER 24, 2000
	PASSED THE ASSEMBLY   AUGUST 31, 2000
	PASSED THE SENATE   AUGUST 30, 2000
	AMENDED IN SENATE   AUGUST 18, 2000
	AMENDED IN SENATE   AUGUST 7, 2000
	AMENDED IN SENATE   JUNE 20, 2000

INTRODUCED BY   Assembly Member Wildman

                        FEBRUARY 24, 2000

   An act to amend, repeal, and add Section 41841.6 of the Education
Code, relating to education of prisoners, and declaring the urgency
thereof, to take effect immediately.


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2429, Wildman.  Education of prisoners.
   Existing law sets forth a formula for the calculation of average
daily attendance for schools or classes for adults in correctional
facilities, and provides that a school district or county board of
education may not claim or report any increase in average daily
attendance in excess of the authorized limit of adult education
average daily attendance unless the Legislature approves the increase
for that fiscal year in the annual Budget Act.
   This bill would instead provide, for the 2000-01 fiscal year, that
a school district or county board of education may not claim or
report any increase in average daily attendance generated in the
2000-01 fiscal year for schools or classes for adults in correctional
facilities in excess of the average daily attendance claimed and
authorized during the previous fiscal year multiplied by a factor of
1.025 to 1.14, as specified.  The bill would also provide commencing
with the 2001-02 fiscal year, that a school district or county board
of education may not claim or report any increase in average daily
attendance for schools or classes for adults in correctional
facilities in excess of the average daily attendance authorized
during the previous fiscal year multiplied by 1.025 unless the
Legislature approves the increase for that fiscal year in the annual
Budget Act.
   This bill would declare that it is to take effect immediately as
an urgency statute.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:


  SECTION 1.  Section 41841.6 of the Education Code is amended to
read:
   41841.6.  (a) Except as otherwise provided in subdivision (b) of
Section 46191, commencing with the 1994-95 fiscal year, and for each
fiscal year thereafter, for purposes of Sections 1909 and 41841.5,
the calculation of the average daily attendance for schools or
classes for adults in correctional facilities is subject to the
following condition:  A school district or county board of education
shall not claim or report any increase in average daily attendance in
excess of the percentage authorized by subdivision (c) of Section
52616.17, unless the Legislature approves the increase for that
fiscal year in the annual Budget Act.
   (b) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance that
have not been approved by the Legislature pursuant to subdivision
(a).
   (c) This section shall become inoperative on July 1, 2000, and as
of January 1, 2001, is repealed, unless a later enacted statute, that
becomes effective on or before January 1, 2001, deletes or extends
the dates on which it becomes inoperative and is repealed.
  SEC. 2.  Section 41841.6 is added to the Education Code, to read:
   41841.6.  (a) Except as otherwise provided in subdivision (b) of
Section 46191, for the 2000-01 fiscal year for purposes of Sections
1909 and 41841.5, in calculating the average daily attendance for
schools or classes for adults in correctional facilities, a school
district or county board of education may not claim or report any
increase in average daily attendance in excess of the average daily
attendance claimed and authorized pursuant to this article during the
previous fiscal year multiplied by a factor of 1.025 to 1.14, as
specified as follows:
   (1) A school district or county office of education that has not
experienced a loss of average daily attendance due to extenuating
circumstances may not claim or report an increase in average daily
attendance in excess of that authorized pursuant to this article
during the previous fiscal year multiplied by 1.025.
   (2) A school district that experienced a loss of units of average
daily attendance due to extenuating circumstances may not claim or
report an increase in average daily attendance in excess of that
authorized pursuant to this article during the previous fiscal year
multiplied by a factor equivalent to the number derived by adding
1.025 to the extenuating circumstances factor, as defined pursuant to
paragraph (3).
   (3) For purposes of this section, "a school district or county
office of education that experienced a loss of average daily
attendance due to extenuating circumstances" means a school district
or county office of education that experienced a loss of average
daily attendance as a result of the temporary or permanent closure of
jails, a jail, or a unit thereof, that occurred on or after June 30,
1993, at which the district or office provided jail education
programs that were subject to reimbursement by the state.
   (4) For purposes of paragraph (2), "extenuating circumstances
factor" means that number derived by dividing the number of units of
average daily attendance lost to circumstances defined in paragraph
(3) divided by the number of units of average daily attendance
claimed in the fiscal year prior to the extenuating circumstances
occurring, provided that the factor does not exceed .115.
   (5) Any school district or county office of education claiming
additional average daily attendance pursuant to the "extenuating
circumstances factor" defined in paragraph (4) shall document the
extenuating circumstances and the data involved in calculating their
extenuating circumstances factor.   This subdivision shall apply only
to average daily attendance generated in the 2000-01 fiscal year.
   (b) Except as otherwise provided in subdivision (b) of Section
46191, commencing with the 2001-02 fiscal year, and for each fiscal
year thereafter, for purposes of Sections 1909 and 41841.5, in
calculating the average daily attendance for schools or classes for
adults in correctional facilities, a school district or county board
of education may not claim or report any increase in average daily
attendance in excess of the average daily attendance authorized
pursuant to this article during the previous fiscal year multiplied
by 1.025, unless the Legislature approves a greater increase for that
fiscal year in the annual Budget Act.
   (c) No state funds shall be allocated to a school district or
county board of education for units of average daily attendance that
have not been approved by the Legislature pursuant to subdivision (a)
or (b).
   (d) This section shall become operative on July 1, 2000.
  SEC. 3.  This act is an urgency statute necessary for the immediate
preservation of the public peace, health, or safety within the
meaning of Article IV of the Constitution and shall go into immediate
effect.  The facts constituting the necessity are:
   In order to ensure that adults in correctional facilities are able
to receive an education following temporary closures of those
facilities, it is necessary that this act take effect immediately.
